メーガン法の成立過程と問題点 : 被害者保護政策論のための考察
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概要
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It is welcomed that victims policy has developed recently in Japan. In this trend, however, there is a danger that "viewpoints of actual victims" are substituted for "viewpoints of potential victims(namely citizens)" in victims policy. Its typical example is Megan's Law in the U.S.A. In this paper, I examine the legislative process and the problems of Megan's Law. My examinations are following. As problems of the political character of the legislative process of Megan's Low: 1.The panic among citizens provoked by the sensational sexual crime helped Megan's Law pass in a rapid speed; 2.The politicians were very active toward Megan's Law's enactment because they wanted to show citizens that they cared for citizens' safety; 3.The Federal Government's role was great too, because they compelled all states to enact Megan's Law in a certain period. Next, as problems of actual functions of Megan's Law: 1.Megan's Law violates offenders' constitutional rights. And many offender have been attacked and ostracized by citizens; 2.The possibility of grasping sexual offenders. Megan's Law targets only a part of dangerous sexual offenders and gives citizens a false sense of security; 3.There may be the problem of "Crime displacement" and also it has not proved yet that Megan's Law prevent offenders from reoffending. From these perspectives, it can be said that Megan's Law makes it easier for law enforcement officers to track sexual offenders even after their release. As information provision systems for victims are developing recently in Japan, I think that examining problems stated above is important to discuss victims policy in Japan. And at last, I stress that the fundamental issue of victims policy is to respect victims' rights and offenders' rights at the same time, so policies which limits offenders rights too much should be criticized.
- 日本犯罪社会学会の論文